Virendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48621 of 2024 Arising Out of PS. Case No.-183 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Virendra Paswan Son Of Suresh Paswan Village- Gawpur, Ps- Sarairanjan Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Hussamuddin Azad, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-09-2024 Heard Mr. Md. Hussamuddin Azad, learned counsel for the petitioner and Mr. Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 12.07.2022 in connection with S.T. No.646 of 2022 arising out of Sarairanjan P.S. Case No. 183 of 2022, F.I.R. dated 11.07.2022, registered for the offence punishable under Sections 302, 120-B and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 21.07.2023 passed in Cr. Misc. No.27778 of 2023.
4. Learned APP for the State submits that it appears from the FIR that the FIR is in two parts. In first part there is general and omnibus allegation against all the accused persons and in second part there is specific allegation against the
Patna High Court CR. MISC. No.48621 of 2024(4) dt.04-09-2024 2/2 petitioner that he fired upon the brother of the informant and the postmortem report also supports the allegation as alleged in the FIR.
5. Vide order dated 19.07.2024, a report was called for with regard to the present stage of the trial. Report of the learned Trial Court dated 06.08.2024 reveals that out of eight charge-sheet witnesses, five witnesses have already been examined and the case is pending for the examination of rest of three witnesses.
6. In view of the gravity of the allegation as alleged in the FIR as well as the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with S.T. No.646 of 2022 arising out of Sarairanjan P.S. Case No. 183 of 2022 pending in the court of learned Additional District JudgeVIII, Samastipur.
7. Prayer is refused.
8. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- Harshita/- U T